Tracy et al v. SSM Cardinal Glennon Children's Hospital et al

Filing 58

MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that plaintiffs' motion for leave to file a Third Amended Complaint is GRANTED. [Doc. 53] IT IS FURTHER ORDERED that pending motions to dismiss the Second AmendedComplaint are DENIE D as moot, without prejudice. [Docs. 42, 47]. IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the Third Amended Complaint, which was submitted as an attachment to plaintiffs' motion for leave.. Signed by District Judge Charles A. Shaw on 1/13/2016. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

RACHEL TRACY, individually and in her
capacity as next friend of D.T., an infant,

)
)
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Plaintiffs,
)
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v.
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SSM CARDINAL GLENNON CHILDREN’S )
HOSPITAL, et al.,
)
)
Defendants.
)

No. 4:15-CV-1513 CAS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiffs’ Motion for Leave to File Third Amended
Complaint, which plaintiffs assert pleads additional facts in response to defendant Dotson’s motion
to dismiss. The motion for leave is opposed by defendant Dotson, on the basis that Dotson (1) did
not agree to grant plaintiffs additional time to respond to his motion to dismiss in order for plaintiffs
to have additional time to prepare a Third Amended Complaint, but instead was informed by
plaintiffs’ counsel that she intended to dismiss the case; and (2) believes a ruling on his pending
motion to dismiss would be in the interests of efficiency and offer guidance to the parties. Plaintiffs
reply that at the time they sought an extension of time from Dotson they intended to dismiss their
case without prejudice, but subsequently changed their minds. No other response has been filed to
the motion for leave to amend and the time to do so has passed.
Although leave to amend is to be freely granted under Federal Rule of Civil Procedure 15(a),
the Court has discretion whether or not to grant leave to amend. Zenith Radio Corp. v. Hazeltine
Research, Inc., 401 U.S. 321, 330-32 (1971). Factors to consider in determining whether leave to
amend should be granted include but are not limited to (1) whether the motion was filed in bad faith

or with dilatory motive; (2) whether the motion was filed with undue delay; (3) whether leave to
amend would be unduly prejudicial to the opposing parties; and (4) whether the proposed
amendment would be futile. See Bell v. Allstate Life Ins. Co., 160 F.3d 452, 454 (8th Cir. 1998)
(citing Foman v. Davis, 371 U.S. 178, 182 (1962)); Williams v. Little Rock Municipal Water Works,
21 F.3d 218, 224 (8th Cir. 1994).
The Court having considered these factors and the basis for defendant Dotson’s objections
finds that the motion for leave to amend was not filed in bad faith or with undue delay, there has
been no showing of prejudice by any defendant, and no defendant has asserted that the proposed
amendment would be futile. The Court also considers that a case management order has not yet
been issued in this case. For these reasons, the Court will grant plaintiffs’ motion for leave to file
a Third Amended Complaint.
The Third Amended Complaint will supercede the Second Amended Complaint and render
it without legal effect. See In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000). As a
result, pending motions pertaining to the Second Amended Complaint will be denied as moot, see
Pure Country, Inc. v. Sigma Chi Fraternity, 312 F.3d 952, 956 (8th Cir. 2002), without prejudice to
the filing of motions concerning the Third Amended Complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for leave to file a Third Amended
Complaint is GRANTED. [Doc. 53]
IT IS FURTHER ORDERED that pending motions to dismiss the Second Amended
Complaint are DENIED as moot, without prejudice. [Docs. 42, 47]

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IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the Third
Amended Complaint, which was submitted as an attachment to plaintiffs’ motion for leave.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 13th day of January, 2016.

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